The Court notes that the arguments raised by the Government are the same as those already examined and rejected by the Court in previous cases against Poland (see Malasiewicz v. Poland, no. 22072/02, §§ 32-34, 14 October 2003; Ratajczyk v. Poland (dec.), 11215/02, 31 May 2005; and Barszcz v Poland, no. 71152/01, 30 May 2006) and the Government have not submitted any new circumstances which would lead the Court to depart from its previous findings.

The Court notes that the arguments raised by the Government are the same as those already examined and rejected by the Court in previous cases against Poland (see Malasiewicz v. Poland, no. 22072/02, §§ 32-34, 14 October 2003; Ratajczyk v. Poland, (dec.), 11215/02, 31 May 2005; Barszcz v. Poland, no. 71152/01, 30 May 2006) and that the Government have not submitted any new circumstances which would lead the Court to depart from its previous findings.

The legal provisions applicable at the material time as well as matters of practice concerning the remedies against unreasonable length of proceedings are set out in paragraphs 26-35 of the judgment delivered by the Court on 30 May 2006 in the case of Barszcz v. Poland, no. 71152/01.

The Court notes that the arguments raised by the Government are the same as those already examined and rejected by the Court in previous cases against Poland (see Malasiewicz v. Poland, no. 22072/02, §§ 32-34, 14 October 2003; Ratajczyk v. Poland (dec.), no. 11215/02, ECHR 2005-...; Barszcz v. Poland, no. 71152/01, §§ 41-45, 30 May 2006) and the Government have not submitted any new arguments which would lead the Court to depart from its previous findings.

The legal provisions applicable before the entry into force of the 2004 Act as well as matters of practice concerning the remedies against unreasonable length of proceedings are set out in paragraphs 26-35 of the judgment delivered by the Court on 30 May 2006 in the case of Barszcz v. Poland no. 71152/01.

However, the Court has already held that the civil action relied on by the Government cannot be regarded as an effective remedy with a sufficient degree of certainty in cases where the three-year limitation period for the State's liability in tort expired before the entry into force of the 2004 Act on 17 September 2004 (see Ratajczyk v. Poland, cited above, and Barszcz v. Poland, no. 71152/01, § 45, 30 May 2006).

The Court notes that the arguments raised by the Government are the same as those already examined and rejected by the Court in previous cases against Poland (see Malasiewicz v. Poland, no. 22072/02, §§ 32-34, 14 October 2003; Ratajczyk v. Poland; (dec.), 11215/02, 31 May 2005; Barszcz v. Poland, no. 71152/01, 30 May 2006) and that the Government have not submitted any new circumstances which would lead the Court to depart from its previous findings.

The Court notes that the arguments raised by the Government are the same as those already examined by the Court in previous cases against Poland (see Malasiewicz v. Poland, no. 22072/02, §§ 32-34, 14 October 2003; Ratajczyk v. Poland; (dec.), 11215/02, 31 May 2005; Barszcz v. Poland, no. 71152/01, 30 May 2006) and that the Government have not submitted any new circumstances which would lead the Court to depart from its previous findings.

The Court reiterates that, under Article 35 of the Convention, normal recourse should be had by an applicant to remedies which are available and sufficient to afford redress in respect of the breaches alleged (see Barszcz v. Poland, no. 71152/01, § 41, 30 May 2006).

The legal provisions applicable at the material time as well as matters of practice concerning the remedies against unreasonable length of proceedings are set out in paragraphs 26-35 of the judgment delivered by the Court on 30 May 2006 in the case of Barszcz v. Poland, no. 71152/01.

The Court notes that the arguments raised by the Government are the same as those already examined and rejected by the Court in previous cases against Poland (see Malasiewicz v. Poland, no. 22072/02, §§ 32-34, 14 October 2003; Ratajczyk v. Poland (dec.), no. 11215/02, ECHR 2005-...; Barszcz v. Poland, no. 71152/01, §§ 41-45, 30 May 2006) and the Government have not submitted any new arguments which would lead the Court to depart from its previous findings.

The legal provisions applicable at the material time as well as matters of practice concerning the remedies against unreasonable length of proceedings are set out in paragraphs 26-35 of the judgment delivered by the Court on 30 May 2006 in the case of Barszcz v. Poland, no. 71152/01.

The Court notes that the arguments raised by the Government are the same as those already examined and rejected by the Court in previous cases against Poland (see Malasiewicz v. Poland, no. 22072/02, §§ 32-34, 14 October 2003; Ratajczyk v. Poland (dec.), no. 11215/02, ECHR 2005-...; Barszcz v. Poland, no. 71152/01, §§ 41-45, 30 May 2006) and the Government have not submitted any new arguments which would lead the Court to depart from its previous findings.